Is Using a Family Member's Credit Card Without Permission Fraud?

 Posted on January 14, 2025 in Fraud

Using another person’s credit card without his or her consent can be treated as credit card fraud. Even if the person whose credit card you used without consent is a family member, you can still be charged with a federal crime. While unauthorized borrowing of a relative’s credit card might seem more like a family issue than a legal one, these types of prosecutions are not uncommon in federal courts. Often, these cases escape the notice of law enforcement because family members may hesitate to report each other unless it is absolutely necessary. However, you could be prosecuted for credit card fraud if law enforcement does become aware that you used a relative’s credit card without consent. You will need the help of an aggressive Dallas, TX credit card fraud attorney to fight back against these charges.

Elder Financial Abuse and Credit Card Fraud 

Many people prosecuted for credit card fraud against a family member are younger adults who used an elderly relative’s credit card to make personal purchases. For example, say you offer to do your grandmother’s grocery shopping. She hands you her credit card to cover her purchases. You buy her groceries using the card but also buy yourself a $100 gift card without permission. If another relative notices the unauthorized purchase and files a police report, you might face criminal charges. In many cases, this type of fraud goes on for months or years before it is noticed, at which point a quite significant amount of money may have been taken.

Do I Need My Spouse’s Permission to Use His or Her Credit Card? 

The law does work somewhat differently when a couple is legally married. Law enforcement very rarely becomes involved in what are seen as marital disputes over finances. In many cases, a line of credit can be treated as marital property, and the resulting debt can be treated as marital debt. However, in rare instances, people can be prosecuted for fraud related to the use of a spouse’s personal and financial information or for the unauthorized use of a spouse’s credit card. This is more likely if you are separated from your spouse and the credit card was in his or her name only.

Minor Children and Their Parents’ Credit Cards 

Minor children are almost never arrested for using a parent’s credit card without permission. This is typically seen as a family issue. However, if there is a severe and persistent issue where a child is repeatedly making substantial purchases on a parent’s credit card without permission, law enforcement can become involved. This is more common when older teenagers are involved.

Contact a Dallas, TX  Defense Lawyer 

Spencer & Associates is experienced in helping people accused of credit card fraud. Our experienced Dallas County, TX credit card fraud attorneys will strive to help you keep family disputes from becoming serious legal issues. Contact us at 214-385-8500 for a complimentary consultation.